In article <20020722142252.06771.00000066@mb-bk.aol.com>, jimdbb@aol.com says...

> >Subject: RICO?
> >From: stockington@excite.com (stockington)
> >Date: 7/22/02 3:09 AM Central Daylight Time
>
> >Does anyone know if the RICO statutes would apply to $ci? If so, does
> >anyone know if there have been any attempts to prosecute using these
> >laws? And if not, are any known plans in action? Finally, if nothing
> >exists yet- do we know why not?
>
> Will you or someone explain the RICO law to me? Thanks.
>
> JImdbb

Racketeer Influenced and Corrupt Organizations Act (RICO)

The Organized Crime Control Act of 1970 amended existing Federal racketeering statutes to include the Racketeer Influenced and Corrupt Organizations Act (RICO).

RICO specifically prohibits four activities: (a) investing the proceeds of a pattern of racketeering activity (as defined below) in an enterprise that engages in interstate or foreign commerce; (b) acquiring or maintaining an interest in such an enterprise by means of a pattern of racketeering activity; (c) using a pattern of racketeering activity in conducting the affairs of such an enterprise;

or (d) conspiracy to do (a), (b), or (c).

The statute defines racketeering activity as any of 27 types of violations of the U.S. Code and 8 types of State felonies. The 27 Federal offenses include specific types of gambling, prostitution, drug offenses, obscenity, theft, fraud, extortion, counterfeiting, bribery, obstruction of justice, cigarette boot-legging, and labor law violations. State predicate crimes include murder, kidnaping, gambling, arson, robbery, bribery, extortion, and drug offenses.

The statute defines enterprise to include any individual, partnership, corporation, association, or other legal entity, or any group of individuals who, though not a legal entity, are associated in fact.

The RICO statute permits fines of up to $25,000, imprisonment for up to 20 years, or both, and requires the forfeiture of ill-gotten gains and any interest in the enterprise. The statute authorizes restraining orders and injunctions prior to conviction to prevent the transfer of potentially forfeitable property.

Civil RICO

The civil provisions of RICO permit U.S. attorneys and private citizens to sue for treble damages and the cost of the suit (including reasonable attorney fees) if it can be shown that the plaintiff was injured in his or her business or property and that those injuries resulted from a pattern of racketeering activity. Many objections raised against the RICO statute have focused on its use in civil cases, as varied as divorce proceedings, religious disputes, and contractual disputes between business people.

Zinj -- When in Danger, or in Doubt; Run in Circles, Scream and Shout - ARS/Post Bobocalypse

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